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(영문) 서울중앙지방법원 2018.09.11 2017가단5157481
손해배상(기)
Text

1. The defendant's payment to the plaintiffs as stated in the "official fees" column among the cited amounts by the plaintiff in attached Form 2, and as to the money.

Reasons

1. Basic facts

A. On February 19, 1944, the registration of ownership transfer was completed with respect to the Suwon-gun C Forest land No. 9-1, 1, 1, 9-2 (hereinafter “the forest land before division”), but the joint seal list was lost, and on April 1, 1967, the registration of ownership preservation was completed under the name of D on February 19, 194 in the forest register for cadastral recovery.

B. On April 201, the Korea Expressway Corporation admitted land E, E, 1235 square meters, and 12 lots (hereinafter “instant land”), which were divided from forests and fields before subdivision for the construction of an expressway. On May 25, 2011, the Korea Expressway Corporation deposited KRW 1,278,534,400 in the aggregate of the land expropriation compensation compensation on the ground that each of the instant land was unregistered and genuine owners cannot be known.

(U.S. District Court No. 5435, 201, hereinafter referred to as “instant deposit”). (c)

On October 10, 2011, the Plaintiffs asserted as the owner of the instant land and filed a lawsuit seeking confirmation of the right to claim the withdrawal of the instant deposit (U.S. District Court 201Gahap15151). On August 22, 2012, the said court recognized that 13 persons, including F, G, H, I, and I, who are the prior owners of the instant land, acquired ownership of 1/13 shares of each of the instant forest before subdivision, and that the Plaintiffs rendered a judgment to confirm whether the right to claim the withdrawal of each of the instant deposits stated in the “deposit” column among the cited amounts by the Plaintiff according to their respective inheritance shares (hereinafter “instant judgment”).

(D) The instant judgment was final and conclusive on December 27, 2013, when the appeal (Seoul High Court 2012Na73648) and the final appeal (Supreme Court 2013Da212165) were dismissed. Meanwhile, the Defendant, a clan that is a co-principal, applied for provisional attachment against the right to claim the payment of the instant deposit (Seoul Central District Court 2012Kadan4966, hereinafter “instant provisional attachment”).

On December 24, 2012, the provisional attachment decision of this case was served to the Republic of Korea as the garnishee.

E. The defendant of this case.

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